(a) To initiate, receive and consider charges concerning alleged misconduct or incapacity of any Justice or Judge of the Courts and to form subcommittees that will determine and make recommendations as to the removal of any Justice or Judge;

(b) To adopt policies for the Court and make recommendations to I Liheslatura as may be deemed appropriate for the effective and expeditious administration of the judicial system;

(c) To make other recommendations regarding the administration of Justice to I Maga’lahen Guåhan, or to I Liheslatura as it deems proper;

(d) Notwithstanding any other provision of law, to adopt a pay plan and pay schedules for the classified and unclassified employees of the Judicial Branch consistent with the government-wide plan pursuant to Section 13 of Public Law
29-52 and Executive Order 2006-21, or the transmittal of the

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“”Government of Guam Competitive Wage Act of 2014″” to I Liheslaturan Guåhan on January 15, 2014, subject to appropriations as provided by Liheslaturan Guåhan. Nothing in this Subsection (d) shall repeal or negate the provisions contained in Public Law 32-136 applicable to non-Judicial Branch employees; nor shall this Subsection (d) prohibit the retroactive payment to January 15, 2014, of Judicial Branch employees;

(e) To adopt policy and rules for the operations of the Courts, including but not limited to, personnel, procurement, facilities and property, financial and travel (the provisions of § 6302(c), § 6303 and § 4105 of Title 4 of the Guam Code Annotated and § 23104(b) and § 23109 of Title 5 of the Guam Code Annotated are reaffirmed);

(f) To establish rules and regulations for appeals and grievances brought upon by classified employees of the Courts, who have exhausted administrative remedies. The Council is authorized to designate and delegate a hearing officer, to hear and decide personnel matters. The decision of the hearing officer shall be final and may be appealed to the Superior Court of Guam;

(g) To review and approve the budget for the operation of the Courts and its divisions, and submit its recommendations to I Liheslaturan Guåhan, under the signature of its Chairperson, by the first day of May of each year;

(h) To employ, retain or contract for the services of qualified specialists or experts, as individuals or as organizations, to advise and assist the Courts in the fulfillment of its duties;

(i) To adopt filing fees and other Court fees;

(j) To promulgate the Judicial Council’s own rules for its conduct and operation;

(k) To sue on behalf of the Courts, including on behalf of the Court’s employees, or itself to enforce any rights granted to the Courts;

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(l) To lease, evict, or sue on behalf of the Courts, relative to Court properties, equipment, and facilities;

(m) Nothing contained in this Section shall be construed directly or by implication to be in any way in derogation or limitation of the powers conferred upon the Judicial Council or existing in the Supreme Court and the Superior Court or the Judiciary by virtue of any provision of the Organic Act of Guam or any statutes of Guam;

(n) To have authority to act over all matters relating to the
Judicial Building Fund; and

(o) To approve and/or appoint nominees to positions provided for by this Act; and

(p) To garnish income tax refunds of persons who have outstanding court fees, fines, and other court-ordered obligations, subject to the terms and conditions of a Memorandum of Understanding with the Department of Revenue and Taxation.

SOURCE: New Section. Repealed and reenacted by P.L.. 24-139:34. Amended by P.L. 27-31:16 relative to the integration of the Supreme and Superior Court structure. Subsection (d) amended by P.L. 32-166:1 (June
24, 2014). Subsection (p) added by P.L. 32-181:XIII:19 (Sept. 5, 2014).

2014 NOTE: Judicial discipline in subsection (a) is now governed by the
Guam Rules of Judicial Disciplinary Enforcement. See Chapter 5, 2014
Note.

COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez,
2000 Guam 11 (2000); affirmed by the Ninth Circuit as 276 F.3d 534 (1/10/2002), held P.L. 24-139 not to have existed at all as a public law because it was Apocket vetoed@ by the Governor. Therefore, this section reverts to the way it read upon its original enactment as there were no amendments prior to or since P.L. 24-139. The main difference is that the Council assumes a far more advisory role than under P.L. 24-139, except for its power to take complaints about judges and justices.

1985 SOURCE: New Section.

1985 COMMENT: This section reflects the fact the Supreme Court will provide supervision and guidance to the entire court structure of Guam. The Commission [Council] will be advisory, except in its role of nominating persons to sit on the bench and in investigating misconduct of judges.

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Section 121 of the Code of Civil Procedure changed the Judicial
Council from that existing before the Court Reorganization Act (P.L. 12-
85). Prior to that date, all of the judges of the Island Court were members of the Council as was the judge of the District Court. The Judicial Council under P.L. 12-85 consisted of the Chief Justice of the Supreme Court, Presiding Judge of the Superior Court and three (3) non-judicial members. Public Law 14-132, in amending § 121 CCP, eliminated the reference to the Chief Justice of the Supreme Court.

COMMENT: The 1992 Act deleted reference to the Council>s role in nominating judges as the Council>s and the Bar>s role under the 1992 Act are limited to recommending persons to the Governor, who does not need to consider them.